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Wacana Hukum
Published by Universitas Slamet Riyadi
ISSN : 1412310X     EISSN : 26563797     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL WACANA HUKUM is a peer-reviewed journal published by Faculty of Law Universitas Slamet Riyadi. It published twice times a year (Juni and Desember). JURNAL WACANA HUKUM aims to provide a forum for lecturers and researchers to publish the original articles about Law Science.
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Articles 9 Documents
 1 
Search results for , issue "Vol 26 No 2 (2020): WACANA HUKUM" : 9 Documents clear
Deradicalization of Terrorism with a Progressive Humanist Approach Muchamad Maskyur Alkhuseri; Suteki Suteki
Wacana Hukum Vol 26 No 2 (2020): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.2.3444

Abstract

Terrorism is an issue that has always been a concern of the international world. Because, no country in the world can be free from the threat of terror. To prevent and eradicate terrorism, de-radicalization is carried out. Implementation of de-radicalization can take the form of efforts to identify, rehabilitate, re-educate, and re-socialize for individuals or groups of people who are affected by radical beliefs by promoting the principles of empowerment, human rights, rule of law and equality. The writing of this research uses a qualitative conceptual approach. De-radicalization approach can be done more humanist to avoid the wide effect and could right on the target with the involvement of former terrorism to approach over the other former terrorists or terrorists to get their awareness back. De-radicalization using this method is more effective because former terrorists are more acceptable rather than other people.
Role Of Prosecutor's Laws in Submission of Civil Services Against Submission of Civil Services in Completion of Stories Dian Wahyuni; Ismansyah Ismansyah; Yussy Adelina Mannas
Wacana Hukum Vol 26 No 2 (2020): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.2.3583

Abstract

Corruption or commonly referred to as "white collar crime" is a crime that can affect a country's economy. The perpetrators of corruption crimes are usually people who have power. With his authority,the perpetrators of corruption act arbitrarily, causing losses to the Indonesian state. Marwan Effendy stated that "Corruption by various groups is now seen as an extraordinary crime (extrardinary crime), therefore the response can no longer be pursued only by conventional means, but requires extraordinary handling. Corruption starts from the investigation process, prosecution until the court requires high costs, often these costs are not proportional to the value of losses incurred due to corruption. Corruption is an organized crime, this is not possible by a single perpetrator of corruption.
Legal Exception in The Practice Of Detentioning Criminal Action for Violence on Children Herri Hendra; Ismansyah Ismansyah; Aria Zurnetti
Wacana Hukum Vol 26 No 2 (2020): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.2.3584

Abstract

The issue of certainty because it is always associated with the law, provides the consequence that legal certainty here always questions the legal relationship between citizens and the state. As a value, legal certainty is not merely always related to the state, because the essence of legal certainty is a matter of protection from the arbitrary actions of the authorities. The existence of legal certainty is a hope for justice seekers of the arbitrary actions of law enforcement officers who sometimes are always arrogant in carrying out their duties as law enforcers. Because with the existence of legal certainty the public will know the clarity of their rights and obligations according to law. Without legal certainty, people will not know what to do, do not know what is right or wrong, are prohibited or not prohibited by law. This legal certainty can be realized through a good and clear naming in an Act and the application will also be clear
The Settlement of Match-Fixing Cases in Indonesia Based on Progressive Law Enforcement Robiatul Adawiyah; Suteki Suteki
Wacana Hukum Vol 26 No 2 (2020): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.2.3795

Abstract

Fair play in soccer matches is injured by match-fixing case. So far, form of law enforcement in Indonesia is limited to disciplinary law enforcement. Indonesia is again shocked by match-fixing case in League 3 match in Banjarnegara. Therefore settlement of this is very important to be studied with progressive law enforcement approach. There are two questions that can be raised, namely how the settlement of match-fixing cases and how it based on progressive law enforcement. The research method used is normative. The results showed there are 6 cases with 7 perpetrators, namely Case Number 47/Pid.Sus/2019/PN BNR jo. Number 48/Pid.Sus/2019/PN BNR jo. Number 49/Pid.Sus/2019/PN BNR jo. Number 50/Pid.Sus/2019/PN BNR jo. Number 51/Pid.Sus/2019/PN BNR jo. Number 463/Pid.B/2019/PN JKT.SEL. Although law enforcement has shown progressiveness with success that offenders be punished, settlement of the case still far from expectation of progressive law enforcement that able to provide substantive justice and people's happiness.
Constitutionality in Draft of Omnibus Law in Pancasila Perspective Lusia Indrastuti
Wacana Hukum Vol 26 No 2 (2020): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.2.3841

Abstract

President Jokowi, in his second leadership, has two major programs. The first is to maintain Pancasila state and to accelerate national development. His second program concerns simplification of domestic regulation that relates with economy through Omnibus Law as a reaction to global economic power shift.The problem is whether the implementation of the Indonesia state legal system can accept Omnibus Law model or not when it is viewed from constitutional perspective or from legislation hierarchy in Indonesia (taking into account constitutional requirements, meaning that it is not contradictive with the 1945 constitution).            In the preamble of Omnibus Law draft, article 5 and article 20 the 1945 constitution are mentioned.  As formal requirements, both articles provide enough space. It is mentioned in article 5 paragraph 1 that President has the right to propose a law. Furthermore, in article 20 paragraph 2 and 3, it is stated that all bill drafts have to be discussed with House of Representatives, including Omnibus Law. Without mutual consent bill draft cannot be proposed again in the council court in that period. In Indonesia, the technique of legislation drafting is employs the act number 15 year 2019, as the legal basis, that concerns the change over the act number 12 year 2011. Besides that, there is Presidential decree number 87 year 2014 as direct derivative of article 5 paragraph 1, article 20, and article 22 of 1945 constitution. The government does not mention the act number 15 year 2019, act number 12 year 2011 or Presidential decree number 7 year 2014 in the preamble of Omnibus Law proposed. Article 5 and article 20 do not clearly explain the limitation of the kind of act that can be proposed by President. If it is seen through historical aspect of drafting of amendments to the 1945 Constitution, during its session, the People's Consultative Assembly never once discussed the Omnibus Law. Therefore, the spirit of post amendments of article 5 and article 20 the 1945 constitution does not come from the possibility that someday Omnibus Law will be adopted into our acts. The point is drafting bills that is not contradictive with economic and social development goals has to be a priority.
Guidance of Prisoners in Penitentiary Santoso Budi NU; Doris Rahmat
Wacana Hukum Vol 26 No 2 (2020): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.2.3865

Abstract

The prison system that emphasizes the elements of revenge and detention accompanied by a "prison house" institution is gradually seen as a system and means that are not in line with the concept of rehabilitation and social reintegration, so that prisoners are aware of their mistakes, In the correctional system, prisoners, children Penitentiary students have the right to get spiritual and physical guidance, and their rights are guaranteed to carry out worship, deal with outsiders, both families and other parties, and obtain information both print and electronic media obtain proper education and so on. Formulation of the problem How guidance prisoners. Objective To find out the guiding of prisoners in a penitentiary. The method used in this research is a sociological juridical approach, which is a research approach that looks at and examines the laws and regulations related to the problem and connects the reality that occurs in the field. That the implementation of inmate training is carried out based on a penal system which is a guidance to the prisoners' personalities carried out by a coaching program with forms of guidance in the form of religious education, general education, skills courses, recreation, sports, arts and work training.
Humanitarian Diplomacy for Indonesian Public Diplomacy in South East Asia Christy Damayanti
Wacana Hukum Vol 26 No 2 (2020): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.2.3877

Abstract

Human values continue to experience developments in the dynamics of the international community. Indonesia is a country that has a concern for these human values. Many Indonesian diplomacy activities were carried out on the basis of human values, such as in the humanitarian diplomacy scheme. This study aims to look at the relationship between humanitarian diplomacy and Indonesian public diplomacy, especially in Southeast Asia. The method used in this research was descriptive qualitative with a literature study approach. The results showed that there was a positive contribution from the implementation of humanitarian diplomacy towards Indonesian public diplomacy. This positive value is seen from the presence of the governments of the countries in the Southeast Asia region towards Indonesia's foreign policy.
Legal Implication of the Amendment to Cooperative Regulation in Omnibus Law Draft Bill on Job Creation Widiastuti Widiastuti
Wacana Hukum Vol 26 No 2 (2020): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.2.3956

Abstract

The Draft Bill on Job Creation aiming to encourage investment to open job opportunity has amended several laws to be harmonized. One of parts amended by the Draft Bill on Job Creation is Cooperative Law. In the Draft Bill on Job Creation, there are 4 articles of Cooperatives Law amended, i.e. the establishment of cooperatives can be conducted by 3 persons, the presence of members in Members Meeting can use representative system, the number of members can be recorded electronically, and the cooperatives is operated based on sharia principle. The amendment to 4 Articles of Cooperatives Law has implication to the amendment to other articles. The implication can be an imperative related to the presence of clear regulation about members, administrators, and cooperatives supervisors’ responsibility in both conventional and sharia-based cooperatives, the members of which consisted of 3 persons, and the regulation of cooperatives member meeting organization with representative system. 
Role And Community in Constitutional Right to Meet Education for Street Children Agatha Jumiati; Waluyo Slamet Pradoto
Wacana Hukum Vol 26 No 2 (2020): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.2.3959

Abstract

Children as the next generation of quality nation absolutely have the right to obtain proper and adequate education. The Indonesian government together with the community is obliged to realize adequate education for Indonesian children. This study aims to determine community participation in efforts to fulfill the constitutional rights of education for street children. This research is a descriptive empirical legal research using primary and secondary data and qualitative data analysis. In Indonesia, street children cannot get an education because they live on the streets or are often called street children. On the other hand the constitutional responsibility of the state is one of them is seeking education for all Indonesian children. The limited ability of the state to fulfill these responsibilities has encouraged the community to participate in realizing the fulfillment of the right to education for Indonesian children, especially children traveling.

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